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tv   Forensic Files  CNN  March 11, 2014 12:00am-12:31am PDT

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i think one of the investigators put it so well during the trial saying there aren't enough people in the world for it to be another person. that's how accurate the testing was. they knew it was andre evans, guilty. up next, a young boy witnesses a terrible crime. the chief suspect, virtually turns himself in. >> he appeared exactly like the composite sketch. >> we have him with no alibi. >> but forensic tests failed to tie him to the crime. >> i couldn't believe they were going to let him walk to possibly do this to somebody else. >> could forensics provide the answer? >> the laurel village mobile home park was home to 32 year old kay robinson, a single
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mother living with her 11 year old son. >> laurel is a farming town and regular working class person lives there. >> one night, around 2:00 in the morning, kay was awakened by someone banging on her front door. >> she went to the door, looks out the window and sees this stranger out there. he said they wanted to use the telephone. said their name was jack wilson. they needed a ride. could they use the telephone. >> kay refused to let wilson inside. >> kay robinson called 911 and the delaware state police did respond but didn't see anything out of the ordinary, so they cleared the scene without any further investigation. >> thinking everything was all right, kay went back to bed. a half hour later, she was
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awakened again by a noise in her kitchen. that's when she saw the same man she had seen on her porch in her kitchen, holding a butcher knife. he chased kay through the house, grabbed her bit arm, put a knife to her throat and told her to follow his orders. if not, he said he'd kill her son who was in the adjoining bedroom. >> from that point, what little she could do, it was just completely three hours of torture, just horrific torture that she endured. >> after sexually assaulting her, the man told kay that he lived in the same mobile home park and had two children. then he stabbed her. almost 30 times. and left her for dead. before leaving, the perpetrator checked on kay's son, who pretended to be asleep. when the man left the house,
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kay's son rushed to their neighbor's house for help. >> 911, what's your emergency? >> my next door neighbor has been robbed and stabbed. it sounded like they might have raped her. >> police arrived to find kay near death. >> her neck was cut as bad as anyone's neck i've ever seen in my life. she was stabbed several times in her back. it was over 25 times. and her neck was cut, basically from side to side. >> as kay was rushed to the hospital, paramedics noticed that her attacker had drawn a smiley face on her back in her own blood. >> the smiley face is one of those chilling details of a crime scene that seem does serve no purpose other than to sort of mock or demean the victim of that attack. >> you have to know that this person's very sick and very violent and possibly a serial killer.
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>> miraculously, despite being stabbed 28 times, kay survived. >> when i woke up, i didn't want to be there. i was furious that i was on life support. my throat was cut in 10 to 15 different places. i basically felt like he was trying to decapitate me. i felt like i was in a horror movie. >> they didn't sever her carotid artery or spinal cord or anything so that she would have been paralyzed. she's extremely lucky. >> it's a miracle in my book. and i think everybody felt that way. >> kay not only survived. she said she'd be able to identify her attacker if she ever saw him. >> he didn't blindfold me. i was making myself remember every little detail that i could about him. right down to the length of his fingernails. >> all police had to do was find
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kay robinson will never forget the look on the man's face who mercilessly stabbed her over and over again. >> he was asking, are you dead yet, bitch? and when i tried to respond, he continued stabbing me with even more force. i knew i had to pretend to be dead. >> this was a very brutal crime. and the way it happened, made everybody feel a little unsafe and a little bit uneasy. >> the intent was to kill, not to wound, not to leave a mark. it was to kill. >> the attacker did something police found highly unusual. he left the bedroom light on throughout the attack. so kay was able to watch him over an extended period. from her description, police artists created a composite sketch which was released to the media. however, it didn't tell the media about the smiley face
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drawing the attacker made on kay's back. >> it was not part of any press release. therefore, this was something that would only be known to the attacker or be familiar with, to the attacker. >> kay also said she made a mental record of everything he touched. the man took pains to wipe off his fingerprints, but kay thought he might have overlooked one of the items -- a blue glass. >> he drank out of the glass. and then he made a point to take his sleeve and wipe the prints off of the glass but then grabbed the grass out of his hand and set it back on the table. >> there were several prints on the glass. >> we thought it may have been some kind of lubricant used by the perpetrator. >> fearful that the prints might
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smear or even melt, they placed the glass in the freezer. >> the idea to put the tumbler was to set the print to become rigid so we could apply powder at some point in time and lift it. >> three full prints were lifted and photographed. two weeks after the attack, police were called again to kay robinson's home, this time by her neighbors. they said a man drove up to kay's home, lit a candle and got down on his knees to pray. >> he was very concerned that the person who attacked kay robinson be apprehended and wanted to pray for that to happen and to assist police in any way that he could. >> the man was 38 year old doug desilva. in his truck, taped to his windshield, he had a newspaper article about the case, with a copy of the attacker's composite sketch. >> when he was asked about that,
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why he had that, he said that so that he could drive down the road and look for the suspect and keep his eye on the composite at the same time to try to find someone that looked just like that. >> but someone did look just like that. doug desilva. desilva lived 100 miles away. but his ex-wife and daughter both lived in the same mobile home park as kay robinson. a year earlier, he was a suspect in the murder of a 16 year old girl at a nearby high school. police brought desilva in for questioning. in the middle of the interrogation, he did something very odd. he asked for a job application, because he said he wanted to become a state trooper. >> we thought maybe he might be taunting us at that point. we were very suspicious of that. >> police put together a photo heine up. and kay robinson identified
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desilva as the man who attacked her. >> it was more like an internal reaction. so with the physical appearance and that, i was very confident that that was the person that attacked me. >> and kay's son also identified desilva. >> the man actually came into his room. and he was able to see him, but he pretended to be asleep. so he was also able to get a good enough hook at the person three was able to also identify him in a photo lineup. >> when desilva completed his job application to become a policeman, he turned it in. that's when investigators noticed the most bizarre thing they'd ever encountered. >> there was a smiley face on the bottom of the document. and that had the same chilling effect on the investigators, because they knew on kay robinson's back that the attacker had drawn a smiley face in blood >> since this detail
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hadn't been released to the press, investigators were certain they had their man. >> doug desilva never did deny that he was involved in the kay robinson case. he'd made several statements that he was sorry for what happened to her, wanted to apologize for what happened. >> but investigators and kay robinson were in for a big surprise. remix! ♪ hey! must be the honey! ♪ ♪ clusters, flakes ♪ that medley crunch, crunch! go! ♪ ♪ you've got that medley crunch ♪ ♪ go get that medley crunch! thcar loan didn't start here. it started with that overdue bill he never got. checking his experian credit report and score allowed him to identify and better address the issue. then drive off into the sunset. experian.
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just two weeks after kay robinson's vicious attack, she identified doug desilva as her assailant. >> from the photo line up, i was very certain. i wanted to hear him say something to be sure that was him. when i heard him speak, i thought that was the person that was in my home. >> desilva had no alibi for the night of the crime. >> i've never been so sure in my life as a detective that doug desilva was the right person. >> desilva was arrested and charged with the attempted murder of kay robinson. >> he said to tell her i'm sorry. i didn't mean to do it. i remember going there, but i don't remember stabbing her. to me, that's a confession. >> but then came the bad news. desilva's fingerprints did not
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match the prints taken from the blue plastic glass in kay's home. >> the fact that we didn't get any finger he prints that matched doug desilva's from the scene never led us to believe that he wasn't the suspect. because a lot of times we don't find any fingerprints. >> and perhaps, the worst piece of news was that desilva's dna profile did not match the evidence collected from kay robinson's rain kit. >> the dna evidence conclusively ruled out doug desilva as being involved in this crime. it was, i mean, almost like being struck in the head by a two by four. >> we extremely shocked. it was like someone had punched you in the stomach. >> this was devastating. the investigators, the prosecutors in the case were just flabbergasted. did not know what to do. >> in fact, they ran the dna test twice just to make sure. again, the dna didn't match.
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>> and at that point, you can't go forward with a prosecution of douglas desilva. >> even though the dna report said this wasn't the person that broke into my home i was still convinced that it was. i couldn't believe they were going to let him walk to do this to somebody else. >> so kay decided to take matters into her own hands. >> i bought a gun. i found out where he lived. i went to his house. i sat outside of his home. i wanted to go to the door and knock on the door and ask him if he remembered me. i just wanted to take care of it myself. >> but kay thought better of it. >> the primary reason was my son. i wanted to raise my son. i didn't want to be in jail. >> but if desilva wasn't the perpetrator, a violent, sexual sadist was walk being the street, and police had no new suspects. >> i will never be able to understand why a man who is innocent of a crime allowed
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himself to get so close to the crime and allowed himself to become so suspect. >> go back through your investigation because then you start to doubt yourself a little bit. did i miss something? did i overlook something? >> years passed with no solid leads. >> the longer we worked, the colder the case got. >> then >> then nine years later, detective rob hudson got a call from detectives 30 miles away in neighboring maryland. >> they had a case that was very similar to the 1995 case with kaye robinson. >> the maryland victim was a single mother living in a mobile home. >> she said she saw a man in her bedroom and thought she was dreaming. she saw a knife and rolling pin in his hand and he told her he was not going to hurt her if she gave him what he wanted.
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>> the man tied her up, sexually assaulted her and carried on a lengthy conversation. when she pleaded for her son's life, the man's demeanor changed. >> he begged her for forgiveness and then he gave her some directions to not get up until a certain time and take a shower. then she was allowed to go to work but not to call the police. >> the man's point of entry, a broken window at the front of the house. 43-year-old mark eskridge was tied to that crime through his fingerprints. >> one mark eskridge's fingerprints were identified to the glass from the point of entry from the crime scene. >> the kaye robinson case was similar in many ways. single mothers in a trailer park with a son. early morning hours, lots of conversation, a knife was used in both. >> and eskridge looked similar
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to the composite drawing of kaye robinson's attacker nine years earlier. unfortunately, his prints did not match the prints on the drinking glass found in kaye robinson's home. and kaye robinson said mark eskridge wasn't her attacker. would this be yet another dead end?
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mark eskridge was the prime suspect in the rape and attempted murder of kaye robinson after he committed a similar crime in maryland. a background check revealed that eskridge who was married and had a small child lived in the same mobile home park as kaye robinson when the attack occurred. >> he lived, in fact, just a few streets away from kaye robinson. he may have had the opportunity to observe her and knew that she resided in that house with her son. >> investigators were sure that eskridge was their man. there was only one problem. kaye robinson was unable to identify mark eskridge as her attacker. >> that was not the man that broke into my home. >> but it had been nine years since her attack. memories change. and so did eskridge's appearance. fortunately, investigators had
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the dna of kaye robinson's attacker and when they compared eskridge's dna to the biological sample from kay robinson's rape test kit, investigators finally got the answer they'd been waiting for. >> when i received the call that the dna was a match, i was overjoyed. i couldn't believe it. i couldn't wait to call kay robinson. >> i went through a lot of emotions. i thought, oh, my god, i'm glad i didn't kill desilva, because it would have been the wrong guy. but, i mean, he could have been his twin. they were identical. >> investigators believe mark eskridge targeted kaye robinson since they lived in the same mobile home park and he probably knew she was a single mother living alone with her son. prosecutors think that eskridge knocked on kaye's door claiming he had car trouble because he wanted to make sure no men were in her home. later that night he broke in and
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attacked. he told kaye that he lived nearby because he had no intention of letting her live. he attacked her repeatedly with a knife. but kaye robinson's will to survive was too great. >> i still had a life to live. and i wanted my life back. and i was going to take it back a piece at a time. >> eskridge left valuable dna evidence behind. more reliable than any eyewitness. a decade after the crime, mark eskridge went on trial for the sexual assault and attempted murder of kaye robinson. he was convicted and sentenced
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to life in prison plus 20 years. authorities cite the case as a reason to be skeptical of eyewitness identifications, especially when the witness is under extreme duress. >> you have an eyewitness identification which is as certain as certain can be, but you have science and dna evidence telling you otherwise. >> doug desilva's bizarre behavior and his equally bizarre resemblance to the actual attacker almost landed him in jail. doug desilva's whereabouts are unknown even to his ex-wife. >> it's still very, very strange and very puzzling as to why doug desilva had ever gotten involved in the case. why he introduced himself into the case. >> you always know somebody's going to get caught or you're going to catch them. you just don't know when sometimes.
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>> so i just say, you know, hats off to dna. it's a great tool. and i tell you, in this case, to be able to free one man and convict another, i say that says a lot for justice up next, a young boy professional hit? >> and was the victim's lifestyle to blame? >> when we find nude photographs what role does she play in this? >> but the evidence points in a different direction. >> weren't too smart, bobby. you got murdered. the roofing business can be very lucrative. 42-year-old bob bosley started

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